[Adopted 11-16-2010 by L.L. No. 6-2010[1]]
The title of this article shall be, "Licensing, Identification
and Control of Dogs in the City of Cortland."
This article is adopted pursuant to Article 7 of the Agriculture
and Markets Law of the State of New York.
The purpose of this article is to provide for the licensing
and identification of dogs, the control and protection of the dog
population, and the protection of persons, property and other animals
from dog attack and damage.
A.
This article shall apply to all areas of the City of Cortland.
B.
In the event that any dog owned by a nonresident of the City is harbored
within the City for a period of 30 days or less, such dog shall be
exempt from the identification and licensing provisions of this article,
provided such dog is licensed pursuant to the provisions of law of
the area of residence.
C.
This article shall not apply to any dog confined to the premises
of any public or private hospital devoted solely to the treatment
of sick animals or confined to an animal shelter devoted to the impounding
and caring of animals.
As used in this article, the following words shall have the
following respective meanings:
The delivery, to any natural person 18 years of age or older,
for the limited purpose of harboring a pet, of any dog seized or surrendered.
Refers to a dog that has been spayed or neutered.
An unleashed dog not under control of the owner and off the
premises of the owner.
The area within the corporate limits of the City of Cortland.
The Cortland City Clerk.
The City of Cortland Common Council.
Any dog or cat, and shall also mean any other domesticated
animal normally maintained in or near the household of the owner or
person who cares for such other domesticated animal. "Companion animal"
shall not include a domestic animal as defined in this section.
Any dog which:
Without justification attacks a person, companion animal, farm
animal, or domestic animal, as defined in this section, and causes
serious physical injury or death; or
Behaves in a manner which a reasonable person would believe
poses a serious and unjustified imminent threat of serious physical
injury or death to one or more persons, companion animals, farm animals
or domestic animals; or
Without justification attacks a guide dog, hearing dog, service
dog, working search dog, war dog, detection dog, police work dog,
or therapy dog and causes serious physical injury or death.
"Dangerous dog" does not include a police work dog while being
used to assist one or more law enforcement officers in the performance
of their official duties.
Any dog that is trained and is actually used for such purposes
or is undergoing training to be used for the purpose of detecting
controlled substances, explosives, ignitable liquids, firearms, cadavers,
or school or correctional facility contraband.
Any member of the species Canis familiaris.
Any individual appointed by the City to assist in the enforcement
of this article or any authorized officer, agent or employee of an
incorporated humane society or similar incorporated dog protective
association under contract with the City to assist in the enforcement
of this article.
Any domesticated sheep, horse, cattle, fallow deer, red deer,
Sika deer, whitetail deer which is raised under license from the New
York State Department of Environmental Conservation, llama, goat,
swine, fowl, duck, goose, swan, turkey, confined domestic hare or
rabbit, pheasant or other bird which is raised in confinement under
license from the New York State Department of Environmental Conservation
before release from captivity, except that the varieties of fowl commonly
used for cock fights shall not be considered domestic animals for
the purposes of this article.
Any ungulate, poultry, species of cattle, sheep, swine, goats,
llamas, horses or fur-bearing animals, as defined in the New York
State Environmental Conservation Law, which are raised for commercial
or subsistence purposes. Fur-bearing animals shall not include dogs
or cats.
Any dog that is trained to aid a person who is blind and
is actually used for such purpose or any dog owned by a recognized
guide dog training center located within the State of New York during
the period such dog is being trained or bred for such purpose.
To provide food or shelter to any dog.
Any dog that is trained to aid a person with a hearing impairment
and is actually used for such purpose or any dog owned by a recognized
training center located within the State of New York during the period
such dog is being trained or bred for such purpose.
A tag issued by the City or other licensing municipality
which sets forth an identification number, together with the name
of the municipality, the State of New York, contact information, including
telephone number for the municipality, and such other information
as the licensing municipality deems appropriate.
Any dog carrying an identification tag.
Any county, city, town or village.
The Agriculture and Markets Law of the State of New York
in effect as of the effective date of January 1, 2011, and as amended
thereafter.
Any person who harbors or keeps any dog. If a dog is not
licensed, the term "owner" shall designate and cover any person or
persons, firm, association or corporation who or which at any time
owns or has custody or control of, harbors, or is otherwise responsible
for any animal which is kept, brought, or comes within the City. Any
person owning or harboring a dog for a period of one week prior to
the filing of any complaint charging a violation of this article shall
be held and deemed to be the owner of such dog for the purpose of
this article. In the event any dog found to be in violation of this
article shall be owned by a minor (under 18 years of age), the head
of the household in which said minor resides shall be deemed to have
custody and control of said dog and shall be responsible for any acts
of said dog and violations of this article.
The person purchasing the license or in whose name any dog
was last licensed. An owner of record shall be 18 years of age or
older.
Any individual, corporation, partnership, association or
other organized group of persons, municipality, or other legal entity.
Any dog owned or harbored by any state or municipal police
department or any state or federal law enforcement agency, which has
been trained to aid law enforcement officers and is actually being
used for police work purposes.
Any registry association that operates on a nationwide basis,
issues numbered registration certificates and keeps such records as
may be required of any registry association by the Commissioner of
Agriculture.
Any dog that has been or is being individually trained to
do work or perform tasks for the benefit of a person with a disability,
provided that the dog is or will be owned by such person or that person's
parent, guardian or other legal representative.
Any dog that is trained to aid the emotional and physical
health of patients in hospitals, nursing homes, retirement homes and
other settings and is actually used for such purpose or any dog owned
by a recognized training center located within the state during the
period such dog is being trained or bred for such purpose.
Refers to any dog that is not spayed or neutered.
Any dog which has been honorably discharged from the United
States Armed Services.
Any dog that is trained to aid in the search for missing
persons, is actually used for such purpose and is registered with
the Department; provided, however, that such services provided by
said dog shall be performed without charge or fee.
The City Clerk of Cortland is solely authorized to issue licenses
for the City. The pound, shelter or Dog Control Officer is not authorized
under this article to issue dog licenses for dogs redeemed or adopted.
A.
Application for original license.
(1)
The owner of any dog reaching the age of four months shall immediately
make application to the City Clerk for a dog license, on a form provided
by the City Clerk. No license shall be required for any dog which
is under the age of four months and which is not at large, or any
dog that is residing in a pound or shelter maintained by or under
contract or agreement with the state or any county, city, town or
village duly incorporated society for the prevention of cruelty to
animals, duly incorporated humane society or duly incorporated dog
protective association.
(2)
In the case of a dog being redeemed or a dog being adopted from a
shelter or pound, the City Clerk and the manager of the facility shall
establish a licensing procedure that is agreeable and beneficial to
both the City and the shelter or pound.
B.
Rabies vaccination required. All applications for a dog license shall
be accompanied by a valid rabies certificate signed by a licensed
veterinarian or, in lieu thereof, a statement certified by a licensed
veterinarian stating that the dog is too young to be vaccinated or,
because of old age or another reason, the life of the dog would be
endangered by the administration of vaccine. In the case of a dog
being redeemed or adopted from a shelter, copies shall be forwarded
to the City Clerk. Such records shall be kept on file by the City
Clerk and shall be made available upon request for rabies and other
animal disease control efforts.
C.
Spay/neuter certificates. In the case of a spayed or neutered dog, every application shall also be accompanied by a certificate signed by a licensed veterinarian or an affidavit signed by the owner, showing that the dog has been spayed or neutered. In lieu of the spay or neuter certificate, an owner may present a statement certified by a licensed veterinarian, stating that they have examined such dog and found such dog to be altered. In such case, the license fee for the dog shall be the same as for a spayed or neutered dog as set forth in Subsection F of this section.
D.
Expiration of license. An original license shall be issued for a
period of one year and shall expire on the last day of the month of
the period for which it is issued.
E.
Application for renewal license.
(1)
License renewal forms shall be mailed by the City Clerk.
(2)
A new rabies certificate shall be required if the one on file has expired or expires within 30 days of the date of renewal. An in-lieu-of statement as described in Subsection B of this section may be substituted for a rabies certificate. New rabies certificates and statements shall be kept on file by the City Clerk.
(3)
A spay/neuter certificate shall not be required if one is already
on file with the City Clerk. In a case where the dog has been altered
during the preceding year, the certificate shall be presented to the
City Clerk in order to receive the reduced fee for an altered dog.
Such certificate shall be kept on file by the City Clerk.
(4)
The renewal shall expire on the last day of the month in the same
month that it was originally issued.
(5)
Renewing early or late shall not change the renewal month. However,
owners having more than one dog may request common renewal dates for
their licenses, which may be granted at the discretion of the City
Clerk, provided that all other licensing and renewal requirements
are met. No licensing fees will be prorated, refunded, or waved when
accommodating such a request.
(6)
Upon renewal, the City Clerk shall provide a validated license to
the owner. The Clerk's copy shall be kept on file in accordance with
the Records Retention and Disposition Schedule MU-1 issued by the
New York State Archives and Records Administration.
F.
License fees.
(1)
All applications for original licenses or renewals shall be accompanied
by a fee established by resolution of the Common Council.[1] The total fee for an unaltered dog shall be at least $5
more than the total fee for an altered dog.
[1]
Editor's Note: Current fees are on file in the City Clerk's
office.
(2)
All revenue derived from such fees shall be the sole property of
the City and shall be used only for controlling dogs and enforcing
this article and Article 7 of the New York State Agriculture and Markets
Law. Said revenue may also be used to subsidize the spaying or neutering
of dogs, any facility as authorized under Article 7 of the New York
State Agriculture and Markets Law, and public humane education programs
in responsible dog ownership.
(3)
No license fees are refundable or partially refundable in the event
that a dog is lost, stolen, sold, given away, surrendered or deceased
before the expiration of the license.
(4)
In addition to the fees set by the Common Council, an assessment
of $3 for each unaltered dog and $1 for each altered dog shall be
charged for the purpose of carrying out animal population control
efforts as mandated by Article 7 of the New York State Agriculture
and Markets Law. Money derived from such additional assessment may
be used to subsidize the spaying and neutering of cats as well as
dogs pursuant to Article 7 of the New York State Agriculture and Markets
Law.
G.
Exemptions from license fees.
(1)
Licenses for any guide dog, hearing dog, service dog, war dog, working
search dog, detection dog, police work dog or therapy dog shall be
exempt from license fees. Each copy of any license for such dogs shall
be conspicuously marked "Guide Dog," "Hearing Dog," "Service Dog,"
"War Dog," "Working Search Dog," "Detection Dog," "Police Work Dog,"
or "Therapy Dog," as may be appropriate, by the City Clerk.
(2)
Any guide dog, hearing dog, service dog, war dog, working search
dog, detection dog, police work dog or therapy dog shall be exempt
from the assessment mandates of Article 7 of the New York State Agriculture
and Markets Law.
(3)
Appropriate documentation for any guide dog, hearing dog, service
dog, war dog, working search dog, detection dog, police work dog or
therapy dog must be presented to the City Clerk for an exemption to
a license fee.
H.
Identification of dogs.
(1)
When a dog is originally licensed, a City of Cortland identification
number will be assigned, and an identification tag shall be issued
which shall be worn by the dog at all times. The tag issued by the
City will identify the City of Cortland, the identification number,
the State of New York, and contact information, including the telephone
number of the municipality and such other information as the City
deems appropriate.
(2)
Existing New York State Agriculture and Markets dog licenses being
renewed or transferred in from another municipality shall be assigned
a City of Cortland identification number, and an identification tag
shall be issued. The New York State Agriculture and Markets tag or
other municipal tag shall be surrendered to the City Clerk, and the
City of Cortland tag shall be worn by the dog at all times.
(3)
A dog participating in a dog show is exempted from wearing an identification
tag only for the duration of the show.
(4)
No identification tag shall be affixed to the collar of any dog other
than the dog to which it was assigned.
(5)
Any guide dog, hearing dog, service dog, war dog, working search
dog, detection dog, police work dog or therapy dog may wear a special
tag for identifying such dog, provided that such tag shall be in addition
to the identification tag issued by the City. Such tag shall be a
different color, shape and imprint than the City identification tag
and may be provided by the City at the expense of the owner.
I.
Change of address. When there is a change of address for the owner
of record, the owner shall notify the City Clerk within 10 days of
such change. If the address is still within the City, the City Clerk
will make the appropriate updates to the dog license record. If the
address is located outside the City, the City Clerk shall make a note
in the record and cancel the license. The Clerk shall forward a copy
of the license to the Clerk of the municipality to which the owner
has moved, informing said Clerk that the dog now resides in their
municipality.
J.
Change of ownership. In the event of a change in the ownership of
any dog licensed in the City, the new owner shall immediately make
application for a license for such dog. Additionally, the original
owner of record shall notify the City Clerk of the change of ownership
within 10 days of such change. Such original owner of record shall
be liable for any violation under this article until such filing is
made or until the dog is licensed in the name of the new owner.
K.
Lost, stolen or deceased dogs. If any dog which has been licensed
in the City is lost, stolen or deceased, the owner of record shall
notify the City Clerk within 10 days of the discovery of such loss,
theft or death.
L.
Lists of licensed dog owners. No dog licensing records, information,
or lists shall be made available to any person for commercial purposes.
Should an enumeration be conducted within the City of Cortland
and should a dog be identified as unlicensed during such enumeration,
an additional fee shall be charged. The fee shall be the property
of the City and shall be used to pay the expenses incurred by the
City in conducting the enumeration. In the event the additional fees
collected exceed the expenses incurred by the City in conducting the
enumeration in any year, such excess fees may be used by the City
for enforcing licensing, identification and control of dogs; for spaying
and neutering of animals; and for offsetting costs associated with
licensing, identification and control of dogs and replacement of identification
tags. The additional fee may be established by resolution of the Common
Council.
A.
It shall be unlawful for:
(1)
Any owner to allow any dog to run at large.
(2)
Any owner to fail to restrain any dog by an adequate collar and leash,
unless it is accompanied by its owner or a responsible person able
to control it by command, when not on the property of the owner.
(3)
Any owner to allow any dog to engage in habitual loud howling, barking,
crying or whining or to conduct itself in such a manner so as to unreasonably
and habitually annoy and/or disturb any person other than the owner
of such dog.
(4)
Any owner to allow any dog to cause damage or destruction to property
or to defecate, urinate, dig or otherwise commit a nuisance, other
than on the property of the owner of such dog.
(5)
Any owner to allow any dog to chase, jump upon or at, or otherwise
harass any person in such a manner as to reasonably cause intimidation
or fear or to put such person in reasonable apprehension of bodily
harm or injury.
(6)
Any owner to allow any dog to chase, run alongside of, bark at or
otherwise harasses any motor vehicle, motorcycle, bicycle, carriage
or any other vehicle or device used by persons for travel or any riders
or occupants thereof while said vehicle or device is on a public highway
or private property other than property of the owner of said dog.
For purposes of this section, a horse or other animal shall be considered
a vehicle or device.
(7)
Any owner to fail to license any dog at the age of four months or
older, or allow any dog to be unlicensed due to failure to renew a
dog license.
(8)
Any owner to fail to have any dog identified by a valid and current
City dog license and identification tag.
(9)
Any person to knowingly affix to any dog any false or improper identification
tag or any identification tag belonging to another dog.
(10)
Any owner or custodian of any dog to fail to confine, restrain
or present such dog for any lawful purpose pursuant to this article
or Article 7 of the New York State Agriculture and Markets Law.
(11)
Any person to furnish any false or misleading information on
any license or form required by the City, the City's Dog Control Officer,
or any shelter or pound servicing the City.
(12)
Any owner to fail to notify the City Clerk of any change of
ownership, change of address, death or loss of any dog licensed in
the City.
(13)
Animal
harboring: the keeping of more than three dogs, or more than four
cats, or any number of horses, cattle, pigeons, fowl, reptiles, sheep,
goats, pigs, or other domestic or wild animals, or the keeping of
any animals for sale or hire, except for the sale of animals in commercial
pet stores. Nothing in this chapter shall prohibit the possession
of rabbits, gerbils, guinea pigs, hamsters, or fish in a private residence,
providing such animals are at all times kept within the residence.
[Added 12-17-2019 by L.L. No. 8-2019]
B.
Establishment of the fact or facts that a dog has committed any of
the acts prohibited by this article shall be presumptive evidence
against the owner of such dog that they have failed to properly confine,
leash or control their dog.
All premises occupied by dogs shall be kept in a clean, sanitary
condition. Adequate food, water, shelter and space must be provided
for each dog owned. For the purpose of this section, "adequate" shall
mean sufficient for age, size and number of dogs on the premises and
for prevailing weather conditions.
All female dogs, while in season (heat), shall be confined to
the premises of their owner and may not be left outside unattended.
Any owner not adhering to this section shall be subject to having
the dog seized by the City's Dog Control Officer and removed to a
shelter or pound for confinement. The owner of any dog seized pursuant
to this section shall be subject to an impoundment fee.
A.
If a domestic, farm or companion animal is injured or killed as a
result of being attacked, chased or worried by any dog(s), the owner
of said domestic, farm or companion animal shall be liable for damage.
The owner of such injured or killed animal may make a complaint to
the City's Dog Control Officer or a police officer who shall proceed
pursuant to the "dangerous dogs" section of Article 7 of the New York
State Agriculture and Markets Law.[1]
[1]
Editor's Note: See § 123, Dangerous dogs, of said
Agriculture and Markets Law.
B.
In no event shall the City of Cortland or the County of Cortland
be held liable for any damage done by any dog(s).
A.
The determination of a dangerous dog and the prosecution of the owner
of such a dog shall be pursuant to Article 7 of the New York State
Agriculture and Markets Law.
B.
In the event that a dog is determined by the Cortland City Court
to be a dangerous dog, the Court shall give written notice to the
City Clerk of such determination. The City Clerk will make note within
such dog's record, if applicable.
Any Dog Control Officer or other person or persons who are or
may be lawfully authorized by the City shall, and all peace officers
may, administer and enforce the provisions of this article, and for
such purpose shall have the authority to issue appearance tickets.
A.
Any dog belonging to a person found in violation of any of the provisions
of this article may be seized pursuant to the provisions of Article
7 of the New York State Agriculture and Markets Law.
B.
Any dog believed to be dangerous and which poses an immediate threat
to the public safety may be seized and impounded.
C.
Any dog may be seized and impounded which has been judged to be a
dangerous dog pursuant to Article 7 of the New York State Agriculture
and Markets Law and whose owner has failed to obey a court order pertaining
to said dangerous dog.
D.
Every dog impounded shall be properly cared for, sheltered, fed and
watered for the duration of said seizure, impoundment, redemption
and/or adoption.
E.
Each dog which is not identified, whether or not licensed, shall
be held for a period of five days from the day seized, during which
period the dog may be redeemed by its owner. Said owner shall provide
proof that the dog has been licensed pursuant to this article and
shall pay an impoundment fee to the City Clerk.
F.
The owner of such dog seized and impounded shall pay to the City
Clerk the following impoundment fees:
(1)
For the first impoundment of such dog owned by that person:
$25 for the first 24 hours or part thereof and an additional $5 for
each 24 hours or part thereof;
(2)
For the second impoundment within one year of the first impoundment
of such dog owned by that person: $50 for the first 24 hours or part
thereof and an additional $5 for each 24 hours or part thereof; or
(3)
For the third and subsequent impoundments within one year of
the first impoundment of such dog owned by that person: $75 for the
first 24 hours or part thereof and an additional $5 for each 24 hours
or part thereof.
G.
In the case of an identified dog, the owner of record shall be promptly
notified, by the City's Dog Control Officer, of the seizure and the
procedure for redemption by personally serving such owner or a member
of the family at least 18 years of age with a notice, in writing,
stating that the dog has been seized and will be adopted or destroyed
pursuant to the provisions of Article 7 of the New York State Agriculture
and Markets Law unless redeemed within the period herein provided.
H.
Any owner of a dog seized and impounded may redeem the dog within
five days (12 days if the dog bears a license tag) by paying to the
City Clerk the impoundment fee.
I.
If not redeemed, the owner of a dog seized and impounded shall forfeit
all title to the dog, and the dog shall be sold or destroyed pursuant
to the provision of Article 7 of the New York State Agriculture and
Markets Law. In the case of sale, the purchaser shall pay the purchase
price of said dog to the shelter where the dog is seized and impounded
and must also obtain a license for the dog.
J.
If the owner of any unredeemed dog is known, such owner shall be
required to pay the impoundment fees required by this section.
K.
The seizure of any dog shall not relieve any person from any violation
of this article or Article 7 of the New York State Agriculture and
Markets Law.
L.
The owner of any City dog seized and impounded which is also unlicensed
shall pay to the City Clerk the fee for being unlicensed.
A.
Any City-designated Dog Control Officer or agency having reasonable
cause to believe that a violation of this article has been committed
in their presence shall issue and serve upon such person an appearance
ticket for such violation.
B.
Any person who observes a dog in violation of this article may file
a complaint, under oath, with a City-designated Dog Control Officer
or agency, specifying the nature of the violation, the date thereof,
a description of the dog, the location of the violation and the name
and residence, if known, of the owner of such dog. Such complaint
may serve as the basis for enforcing the provisions of this article.
C.
Upon receipt by the City-designated Dog Control Officer or agency
of any such complaint, that Officer or agency shall issue an appearance
ticket, to the alleged owner of the dog, to appear before the Cortland
City Court at a date and time specified by such Court.
[Amended 10-1-2013 by L.L. No. 4-2014]
A.
A plea or conviction of a violation of this article shall be prosecuted,
pursuant to the Penal Law, by a fine of not less than $25, except
that:
(1)
Where a person is found to have violated this article or any
prior City of Cortland Dog Law, the fine may be not less than $25
and not more than $50; and
(2)
Where a person is found to have two or more violations of this
article or any prior City of Cortland Dog Law, they shall be punishable
by a fine of not less than $50 and not more than $100.
B.
For the purpose of conferring jurisdiction upon courts and judicial
officers generally, offenses of this article shall be deemed violations,
and, for such purposes only, all provisions of law relating to violations
shall apply.
A.
Pursuant to Article 7 of the New York State Agriculture and Markets
Law, any person who intentionally refuses, withholds, or denies a
person any accommodations, facilities or privileges thereof because
they are accompanied by an on-duty police work dog, working search,
war, or detection dog shall be subject to a civil penalty of up to
$200 for the first violation and up to $400 for each subsequent violation.
B.
Pursuant to Article 7 of the New York State Agriculture and Markets
Law, any person who, for the purpose of participating in the animal
population control program, shall falsify proof of adoption from a
pound, shelter, duly incorporated society for the prevention of cruelty
to animals, duly incorporated humane society or duly incorporated
dog or cat protective association or who shall furnish any licensed
veterinarian of this state with inaccurate information concerning
their residency or the ownership of an animal or such person's authority
to submit an animal for a spaying or neutering procedure pursuant
to this article and/or § 117 of the New York State Agriculture
and Markets Law,[1] and any veterinarian who shall furnish false information
concerning animal sterilization fees, shall be guilty of a violation,
prosecuted pursuant to the New York State Penal Law, punishable by
a fine of not less than $250.
[1]
Editor's Note: Said § 117 was renumbered as § 116
by L. 2010, c.59, Part T, effective 1-1-2011.
Notwithstanding any other provision of law, all moneys collected
as fines or penalties by any municipality as a result of any prosecution
for violations of the provisions of this article or Article 7 of the
New York State Agriculture and Markets Law and all bail forfeitures
by persons charged with such violations shall be the property of the
municipality and shall be paid to the financial officer of such municipality.
Such moneys shall be used only for controlling dogs and enforcing
this article. Said revenue may also be used to subsidize the spaying
or neutering of dogs, any facility as authorized under Article 7 of
the New York State Agriculture and Markets Law, and public humane
education programs in responsible dog ownership.
No action shall be maintained against the City of Cortland,
the City Dog Control Officer, or any person or persons lawfully authorized
by the City when performing duties pursuant to this article or Article
7 of the New York State Agriculture and Markets Law to recover the
possession or value of any dog or for damages for injury or compensation
for the destruction of any dog seized or destroyed pursuant to the
provisions of this article or Article 7 of the New York State Agriculture
and Markets Law.